Common use of Survival Upon Termination Clause in Contracts

Survival Upon Termination. Within five (5) days of expiration or earlier termination of this Agreement for any reason, all amounts owed by Customer will be immediately due and payable, Customer will (i) pay ABDC any amount owed and (ii) return to ABDC all hardware, Software and other equipment, including ordering devices and totes, or pay to ABDC the replacement cost of such items that are not returned. Obligations in Provisions Paragraphs 4, 5.2, 6 and 9 and any provision the context of which shows the parties intended it to survive will remain in effect after the Term.

Appears in 5 contracts

Samples: Prime Vendor Agreement, Prime Vendor Agreement (BioScrip, Inc.), Prime Vendor Agreement (National Medical Health Card Systems Inc)

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Survival Upon Termination. Within five (5) days of after expiration or earlier termination of this Agreement for any reasonAgreement, all amounts owed by Customer will be immediately due and payable, and Customer will (i) pay ABDC any amount owed and (ii) return to ABDC all hardware, Software and other equipment, including ordering devices and totes, or pay to ABDC the replacement cost of such items that are not returned; provided, however, if this Agreement is terminated by Customer due to a default by ABDC, any such payments will be due as otherwise provided in this Agreement. Obligations in Provisions Paragraphs 4, 5.2, 6 and 9 and any provision the context of which shows the parties intended it to survive will remain in effect after the Term.

Appears in 2 contracts

Samples: Prime Vendor Agreement, Prime Vendor Agreement (Safari Holding Corp)

Survival Upon Termination. Within five (5) days of after expiration or earlier termination of this Agreement for any reasonAgreement, all amounts owed by Customer will be immediately due and payable, and Customer will (i) pay ABDC any amount owed and (ii) return to ABDC all hardware, Software and other equipment, including ordering devices and totes, or pay to ABDC the replacement cost of such items that are not returned; provided, however, if this Agreement is terminated by Customer due to a default by ABDC, any such payments will be * in this Agreement. Obligations in Provisions Paragraphs 4, 5.2, 6 and 9 and any provision the context of which shows the parties intended it to survive will remain in effect after the Term.

Appears in 2 contracts

Samples: Prime Vendor Agreement, Prime Vendor Agreement (Safari Holding Corp)

Survival Upon Termination. Within five (5) days [ * ] of expiration or earlier termination of this Agreement for any reason, all amounts owed by Customer will be immediately due and payable, payable and Customer will (i) pay ABDC any amount owed and (ii) return to ABDC all hardware, Software and other equipment, including ordering devices and totes, or pay to ABDC the replacement cost of any such items that are not returned. Obligations in Provisions Paragraphs 4, 5.2, 6 and 9 and any provision the context of which shows the parties intended it to survive will remain in effect after the Term.

Appears in 1 contract

Samples: Prime Vendor Agreement (Assured Pharmacy, Inc.)

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Survival Upon Termination. Within five (5) days of expiration or earlier termination of this Agreement for any reason, all amounts owed by Customer will be immediately due and payable, payable and Customer will (i) pay ABDC any amount owed and (ii) return to ABDC all hardware, Software and other equipment, including ordering devices and totes, or pay to ABDC the replacement cost of any such items that are not returned. Obligations in Provisions Paragraphs 4, 5.2, 6 and 9 and any provision the context of which shows the parties intended it to survive will remain in effect after the Termthis Exhibit 3.

Appears in 1 contract

Samples: Prime Vendor Agreement (Diplomat Pharmacy, Inc.)

Survival Upon Termination. Within five (5) days of after expiration or earlier termination of this Agreement for any reason, all amounts owed by Customer will be immediately due and payable, and Customer will (i) pay ABDC any amount owed and (ii) return to ABDC all hardware, Software and other equipment, including ordering devices and totes, or pay to ABDC the replacement cost of such items that are not returned; provided, however, if this Agreement is terminated by Customer due to a default by ABDC, any such payments will be due as otherwise provided in this Agreement. Obligations in Provisions Paragraphs 4, 5.25, 6 and 9 and any provision the context of which shows the parties intended it to survive will remain in effect after the Term.

Appears in 1 contract

Samples: Prime Vendor Agreement (PharMerica CORP)

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